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IN THE HIGH COURT OF ORISSA AT CUTTACK
V.NARASINGH
Siba Pradhan – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. background of the case and bail application. (Para 2 , 3 , 5) |
| 2. court's observations on ndps act and trial delays. (Para 4 , 9) |
| 3. arguments on possession and bail opposition. (Para 6 , 7 , 11) |
| 4. legal reasoning regarding bail exceptions. (Para 8 , 10) |
| 5. final order granting bail with conditions. (Para 12 , 13 , 14 , 15) |
JUDGMENT :
V. Narasingh, J.
1. Heard Mr. S. Panda, learned counsel for the petitioner and Mr. Pradhan, learned Additional Standing Counsel for the State.
2. The petitioner is an accused in connection with Special (NDPS) Case No.117 of 2019, pending in the file of learned Additional District & Sessions Judge-cum-Special Judge, Kantamal, arising out of Kantamal P.S. Case No.77 of 2019 for alleged commission of offences under Sections 20 (b)(ii)(C) of the NDPS Act.
3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cum-Spl. Judge, Kantamal by order dated 21.04.2023 in the aforementioned case, the present BLAPL has been filed.
4. Perused the report dated 11.08.2023, submitted by the learned Additional Sessions Judge-cum-Spl. Judge, Kantamal, in which it has been indicated that out of 24
The court held that while the NDPS Act imposes strict bail conditions, the accused's right to a speedy trial under Article 21 may supersede these restrictions, allowing for bail under certain circums....
Prolonged incarceration and lack of trial progress can justify bail under Article 21, overriding restrictions in the N.D.P.S Act.
Prolonged incarceration affects the fundamental right to liberty, allowing bail to be granted despite statutory restrictions under the NDPS Act for first offenders.
The right to a speedy trial under Article 21 supersedes statutory restrictions on bail under the NDPS Act, allowing for bail even in cases with prior criminal antecedents.
The court may consider the filing of the charge sheet and the release of co-accused as grounds for granting bail.
The court emphasized that personal liberty must be prioritized over statutory restrictions in granting bail, especially when there are violations of mandatory provisions.
In matters of personal liberty, meticulous adherence to procedural timelines should not compromise the accused's right to default bail, especially after the statutory period for charge sheet filing h....
The court balanced the considerations of the large quantity of contraband ganja and the delay in commencing the trial in reaching its decision on the bail application.
The court emphasized the fundamental right to a speedy trial over statutory restrictions on bail, allowing bail due to prolonged incarceration without trial.
The NDPS Act imposes stringent requirements for bail in drug-related offenses, emphasizing societal safety over individual liberty when evidence of conscious possession exists.
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